Contact: Neil Chester, ext 6496 email: [email protected]

1. Summary

1.1 Planning permission is sought for non-compliance with Condition 1 of Planning Permission F20310/21 for continuation of sand extraction beyond 31 March 2005 at Land North Rifle Range, Baigents Hill, Headley, Near Bordon (Rabbitfield Hill). Local residents object to the proposal. The recommendation is that permission be granted, subject to conditions.

2. Site and Proposal

2.1 The site, as shown on the attached plan, comprises an area of 1.75 hectares of land north of the Rifle Range at Baigents Hill, and adjacent to Rabbitfield Hill Sandpit. The site is next to River Slea, Broxhead and Kingsley Commons Site of Special Scientific Interest (SSSI) and Wealdon Heaths Phase II Special Protection Area (SPA) to the south-east of the site. The nearest houses are approximately 200 metres from the site.

2.2 On 27 October 2003 the County Council granted permission to extract 90,000 tonnes of sand from the site north of the rifle range at Baigents Hill (Planning Permission F20310/21). Condition 1 of Planning Permission F20310/21 required that all extraction ceased and the site be restored by 31 March 2005.

2.3 The start of the extraction was delayed whilst the operator sought a licence from English Nature to work in the vicinity of badger setts. Such a licence can only be granted for periods outside of the badger breeding season (ie November to July). A licence was granted in June 2004, which required mitigation works to be carried out during July and August 2004. This further delayed commencement of extraction.

2.4 The current proposal is to extend the time period for extraction and completion of restoration (excluding grass seeding) until 31 March 2006. The grass seeding will be completed by early summer 2006.

3. Development Plan

3.1 Hampshire County Structure Plan Review 1996-2011 (Adopted March 2000) Policy MW2 and MW3 refer to minerals development.

3.2 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (Adopted December 1998) Policies 6 and 7 refer to environmental impacts of mineral development; and Policy 20 concerns minerals development.

4. Consultations

4.1 English Nature raises no objections to the proposal.

4.2 The Environment Agency - comments awaited.

4.3 Headley Parish Council - comments awaited.

4.4 Kingsley Parish Council objects to the proposal on the grounds that there will be a continued disturbance to local residents and operators should be required to comply with conditions.

4.5 Dockenfield Parish Council - comments awaited.

4.6 East Hampshire District Council raises no objections to the proposal subject to operations ceasing by 31 March 2006.

4.7 Waverley Borough Council raises no objections to proposal.

4.8 Surrey County Council raises no objections to the proposal.

4.9 The local Member, Councillor Filer, has been informed of the proposal.

5. Representations

5.1 There have been four letters of objection. The main concern is that operators should be required to comply with conditions.

6. Chief Planning Adviser's Comments

6.1 The principle of extracting sand from the site has been established by Planning Permission F20310/21. The main issue relates to any impacts arising from extending the life of the site.

6.2 The local concern relates to the principle of varying conditions at the site rather than the merits of the proposal. Whilst this concern is noted, it is considered that the reason for the initial delay is justified and the proposed extension in time reflects this delay. Moreover, it is not considered that a refusal could be sustained on these grounds.

6.3 Kingsley Parish Council also raises concerns regarding continued disturbance to local residents, although the specific nature of any impact is not clear. To date any disturbance from the site has been limited as commencement of extraction only began in October 2004. Furthermore, the County Council has not received any complaints concerning the site since it became operational. Therefore it is considered that an extension of time for a further year would not result in any unacceptable disturbance.

6.4 As there have been no significant objections and the proposal accords with the Development Plan the recommendation is that planning permission be granted, subject to conditions.

Recommendation

That planning permission in respect of non-compliance with Condition 1 of Planning Permission F20310/21 for continuation of sand extraction beyond 31 March 2005 at Land North Rifle Range, Baigents Hill, Headley, Near Bordon (Rabbitfield Hill) (F20310/023/CMA) be granted for the following reason and subject to the following conditions.

Reason for Approval

It is considered that the proposal would be in accordance with the Development Plan (summary attached) and would not materially harm the amenity of local residents.

Conditions

(1) Sand extraction shall cease, all plant and machinery shall be removed and the site shall be restored in accordance with Condition (3) below by 31 March 2006 unless otherwise agreed in writing with the Mineral Planning Authority.

Reason: To ensure the satisfactory restoration of the site within a reasonable timescale.

Working Programme, Phasing and Direction of Working

(2) Other than in relation to the formation of the pond, as shown on Drawing No 042/P/013C of Planning Permission F20310/21, the excavation shall not be deeper than 65 metres AOD, or such other depth as may be agreed in writing by the Mineral Planning Authority.

Reason: In order to protect water resources.

(3) The site shall be worked and restored in accordance with the approved working and restoration schemes, as shown on Drawings Nos 042/P/012B and 042/P/013C of Planning Permission F20310/21, unless otherwise agreed in writing by the Mineral Planning Authority.

Reason: In the interests of local amenity.

Hours of Working

(4) Except with the prior agreement of the Mineral Planning Authority in writing, no operations authorised or required by this permission shall be carried out and plant shall not be operated other than during the following hours: between 0700 and 1800 Monday to Friday, and 0700 and 1300 on Saturday. No such operations shall take place on Sunday or recognised public holidays.

Reason: In the interests of local amenity.

Highways

(5) All sand shall be removed from the site via the haul road to Grooms Farm Sandpit. There shall be no access to the site from Picketts Hill.

Reason: In the interests of local amenity.

(6) Visibility splays of 4.5 metres by 210 metres shall be maintained at the Grooms Farm site access road junction with the A325. These visibility splays shall be kept free of all obstructions over a height of 0.6 metres above the adjoining carriageway level.

Reason: In the interests of road safety.

Landscaping

(7) New tree and shrub planting shown on the approved restoration scheme on drawing no. 042/P/013C of Planning Permission F20310/21 shall be carried out by the first planting season following restoration of the site; and any trees or plants which within a period of five years from the completion of the restoration die, are removed or become seriously diseased shall be replaced in the next planting season with others of similar size and species, unless otherwise agreed in writing by the Mineral Planning Authority.

Reason: In the interests of local amenity.

(8) Notwithstanding Condition (3) above, there shall be no sand extraction or operations within eight metres of the trees to be retained, as shown on Drawing No 042/P/012B of Planning Permission F20310/21.

Protection of Badgers

(9) The mitigation measures specified in the badger mitigation statement shall be fully implemented for the duration of the working and restoration of the site.

Reason: To protect badgers and their setts.

Restoration, After-care and After-use

(10) No soils shall be removed from the site, or used for any purpose other than the restoration of the site.

Reason: In order to ensure satisfactory restoration.

(11) After-care of the restored land shall take place for a period of five years in accordance with the approved outline dated 25 March 1998 and subsequent detailed schemes submitted under Condition (12) beginning when the land is restored in accordance with Condition (3).

Reason: To secure a high standard of restoration.

(12) No later than four weeks before the annual after-care meeting a detailed proposal for the after-care of the restored land for the following year shall be submitted to the Mineral Planning Authority. No later than four weeks following the annual site visit a detailed scheme, revised as necessary following the annual site meeting, shall be submitted for the written approval of the Mineral Planning Authority.

Reason: In order to secure a high standard of restoration.

305/NC

APPENDIX

Annexe to Reasons for Conditions

(as required by Article 22 of the Town and Country Planning

(General Procedure) Order 1995 - as amended)

__________________________________________________________________

HAMPSHIRE COUNTY STRUCTURE PLAN 1996-2011 (REVIEW) (ADOPTED MARCH 2000)

Policy MW2

Permission will be granted for minerals and waste development provided the mineral/waste planning authority is satisfied that:

(i) any adverse environmental or other impacts that the development would be likely to cause are outweighed by a clearly established need for the development; and

(ii) the proposals, where applicable, include a satisfactory scheme of working and landscaping including details of lorry routeing and, in all cases, include satisfactory measures to ensure that the development would not have any unacceptable environmental, traffic or other impact; and

(iii) the proposals, where applicable, provide for the satisfactory and prompt restoration and after-care of the site to a high standard and to a landform compatible with the local landscape and suitable for an agreed beneficial after-use.

Policy MW3

Permission will not be granted for minerals and waste development which is likely to cause material harm to any of the following designated areas and sites:

The New Forest;

Areas of Outstanding Natural Beauty;

Special Areas of Conservation;

Special Protection Areas;

Wetlands of International Importance (Ramsar Sites);

Sites of Special Scientific Interest;

National Nature Reserves;

Nationally important archaeological sites and monuments, whether scheduled or not, and their settings;

Conservation Areas;

Listed Buildings; and

Parks and Gardens of Special Historic Interest on English Heritage's National Register;

except where the Mineral/Waste Planning Authority considers that there is an overriding need for the development to take place in the public interest which outweighs the harm that would be caused, having regard to the level of protection given to the designation concerned in legislation or government guidance.

HAMPSHIRE, PORTSMOUTH AND SOUTHAMPTON MINERALS AND WASTE LOCAL PLAN (ADOPTED 17 DECEMBER 1998)

Policy 6

Permission will be granted for minerals and waste development provided the Mineral/Waste Planning Authority is satisfied that:

(i) there is a clearly established need for the development (as assessed in relation to the other relevant policies of the Plan) which outweighs any adverse environmental or other impact that the development would be likely to cause; and

(ii) the development would not be likely to give rise to an unacceptable level of adverse environmental, traffic or other impact, pollution risk or danger to public health, particularly in respect of any of the factors specified in Policy 7 and measures would be taken to ensure that any such impacts would, as far as is practicable, be minimised; and

(iii) the proposals provide for the satisfactory working or operation and landscaping of the site and for its satisfactory restoration and landscaping at the cessation of the operations or use or at the end of the life of the facility to a condition suitable for an agreed beneficial after-use which is compatible with adjoining land uses and the planning policies for the area.

Notwithstanding any need there may be for waste disposal, permission will not normally be granted for mineral extraction with restoration by infilling with waste materials unless there is a need for the mineral to be extracted.

Policy 7

The Mineral and Waste Planning Authorities will grant planning permission for minerals and waste development provided they are satisfied that, where appropriate, the proposed development pays due regard to:

(i) the relationship of the proposal site to other properties and land uses (particularly residential and other environmentally sensitive properties) and the likely effects of the proposed development on the locality by reason of noise, dust, smoke, fumes, illumination or any other factor and the need for buffer zones between the development and residential and other properties;

(ii) the likely volume and nature of traffic that would be generated by the proposed development and the suitability of the proposed access to the site and of the road network that would be affected, in terms of highway capacity and safety and environmental impact, and whether any highway improvements required could be carried out satisfactorily without causing unacceptable environmental impact;

(iii) the likely visual impact of the proposed development and the need for additional planting and screening, including planting in advance of the commencement of the development;

(iv) the need to safeguard the character and amenities of individual settlements and to safeguard open gaps between settlements from permanent development which would cause long-term harm to the function of the land;

(v) the likely effects of the proposed development on and the need to protect and safeguard sites of nature conservation, geological, archaeological, historic, architectural and landscape importance and their settings;

(vi) the extent and quality of agricultural land to be taken by the proposed development and the proposals for its subsequent restoration and the likely effects of the proposals on farm structure and management;

(vii) the likely effects of the proposed development on and the need to maintain the distinctive character of the landscape; the likely effects of the proposed development on and the need to safeguard and protect individual species, habitats and landscape features, including woodland, trees and hedgerows; and the likely effects of the proposed development on forestry and woodland management;

(viii) the likely effects of the proposed development on sites used for recreation and public rights of way and the need to protect or secure the satisfactory diversion of public rights of way;

(ix) the likely effects of the proposed development on and the need to safeguard the flow and quality of watercourses, water supplies, floodplains, groundwater, the drainage of the site and adjoining land and the level of the water table in the locality and the likely effects of the proposed development on the immediate setting of any river;

(x) any potential danger to aircraft from birds being attracted to the site;

(xi) the possible amenity implications of any landfill gas that might be generated at the site and of any provisions that might need to be made to deal with it; and

(xii) the likely cumulative impact of the proposed development in combination with any other significant development taking place or permitted to take place in the locality and the need to minimise the impact of mineral extraction and waste disposal operations by securing, where appropriate, the phased release of sites and progression of working and restoration.

Policy 20

The Mineral Planning Authorities will not grant planning permission for the extraction of sand and gravel from land outside the preferred areas specified in Policy 19 unless they are satisfied that the proposal is in conformity with the other policies of the Plan and that:

either:

(i) (a) there is a need for additional permitted reserves of sand and gravel (as assessed against Policies 16-18) which cannot reasonably be met from within the preferred areas; and

(b) it can be demonstrated that working of such land would be equally acceptable to working within a preferred area;

or:

(ii) the proposed development involves a small scale extension to or deepening of an existing active sand and gravel extraction site.